These Terms and Conditions of Use and Sale (“Terms”) govern the access to and use of (including the purchase of products on) the website located at www.andrewgallivan.com and any other websites, mobile applications, and services where these Terms are posted (collectively, the “Site”).
These Terms are a binding agreement between you and Andrew Gallivan LLC (“Andrew Gallivan”, “we”, “us” or “our”). Our decision to offer and sell products on the Site, and otherwise to grant access to the Site, is based on the assumption that these Terms have been read, understood and accepted by you. Therefore, by using or accessing the Site in any way (other than for the purpose of reading these Terms), you expressly represent that you are legally competent to enter into this agreement and that you agree to be bound by these Terms. If you do not agree to all or part of these Terms, please do not use the Site.
Certain areas, features, or functionalities of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature, or functionality. From time to time, such Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control. Any reference to the “Terms” in this agreement includes the Additional Terms.
IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Modification and Termination of these Terms and the Site
We may amend all or part of these Terms at any time. When we do so, we will update the “Effective Date” at the top of this agreement. Therefore, you should regularly access this section on the Site in order to check the publication of the most recent and updated version of the Terms. In our sole discretion, we may also provide notice of updates to these Terms by other means that we deem reasonable. Regardless of any other notice provided to you (or the lack thereof), by continuing to use the Site (or any portion thereof) after we post any revisions to these Terms and update the “Effective Date,” you accept these Terms, as modified.
We shall have the right to immediately terminate these Terms with respect to any user which we, in our sole discretion, consider to be using the Site in an unacceptable manner, which includes any breach by you of these Terms. The following provisions shall survive the termination of these Terms: this section; the sections Intellectual Property Rights (excluding the license granted to you), User Content & Your License Grant to Andrew Gallivan, Disclaimer of Warranties, Limitation of Liability, Indemnification, Links to Other Websites, Dispute Resolution & Agreement to Arbitrate, Governing Law & Choice of Forum, and Miscellaneous; and any other provisions of these Terms that, either explicitly or by their nature, are intended to remain in effect even after termination of these Terms.
We also may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time and at our sole discretion, with or without notice. You understand, acknowledge and agree that Andrew Gallivan will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Site.
Intellectual Property Rights
All content included on this Site, such as text, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of Andrew Gallivan and is protected by copyright and other intellectual property laws.
We are providing you with access to the Site pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Site for personal, non-commercial use only, and subject to these Terms. This license is available to you as long as you are not barred from the Site by applicable law and your access is not terminated by us. If these Terms are not enforceable where you are located, you may not use the Site. Andrew Gallivan reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Under this license, you may download information from the Site and print out a hard copy for your personal, non-commercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Andrew Gallivan or any applicable third party suppliers. Further, without the prior written permission of Andrew Gallivan, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Site, or incorporate any intellectual property of the Site, Andrew Gallivan, or any of our licensors into another website or other service. Your agree that Andrew Gallivan shall have the exclusive right to authorize or prohibit any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation of the Content.
Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
User Content & Your License Grant to Andrew Gallivan
Certain aspects of the Site may permit users to submit, post, link, share, or otherwise make available information and content (“User Content”). User Content has not necessarily been reviewed or approved by Andrew Gallivan, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Andrew Gallivan. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content.
You will retain ownership of any intellectual property rights that you possess in your User Content, but, in exchange for the opportunity to use the Site and submit, post, link, share, or otherwise make available that User Content, you automatically grant, or warrant that the owner of such content has expressly granted, Andrew Gallivan a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your User Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses.
User Content shall not be deemed confidential and Andrew Gallivan shall not have any obligation to keep any such material confidential. Andrew Gallivan shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information. You are responsible for your User Content, and acknowledge that once published, we cannot always remove it.
User Conduct
By using the Site, you agree to not use the Site in any manner that:
• Is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
• Interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of the Site in any way;
• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Causes Andrew Gallivan to lose (in whole or in part) the services of our Internet service providers or other suppliers or poses a risk of the same, as determined in our sole discretion;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link;
• Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Andrew Gallivan in our sole discretion;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;
• Violates, or encourages anyone to violate these Terms or the Privacy Policy; or
• Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.
Andrew Gallivan shall have the right—but, to be clear, not the obligation—to monitor, evaluate, and analyze any use of and access to the Site and/or to remove any User Content from the Site, for any reason, including to determine compliance with these Terms.
Product Description, Availability, and Pricing Information
Andrew Gallivan strives to be as accurate as possible and eliminate errors on the Site. However, there may be information on the Site that contains typographical errors, inaccuracies, or omissions and they may relate to product descriptions, pricing, promotions, offers and/or availability. Certain products displayed on the Site may have limited quantities and may not always be available.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time and without prior notice (including after you have submitted an order), at our sole discretion. In the event that any errors, inaccuracies, or omissions affect an order you have already placed, your sole remedy is to cancel, return, or exchange your order, in compliance with any applicable Andrew Gallivan policies.
Similarly, we strive to display the colors of our products as accurately as possible, but we cannot guarantee that your monitor’s or other device’s display of these colors will always be accurate. Differences in color and other variations in the products displayed on the Site may be possible as a result of differences in display technologies or other reasons. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. If a product offered on the Site is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to return or exchange your order, in compliance with any applicable Andrew Gallivan policies.
Please review the Returns & Refunds section of these Terms for more information on the availability of returns and refunds for products you purchase on the Site.
Transactions on the Site
Andrew Gallivan only sells products to adults. If you are under the age of majority in your jurisdiction of residence, you may not make a purchase or provide any information to Andrew Gallivan. Further, the Site is available only for purchases made and delivered within the geographic region selected on the home page. If your region is not available for selection on the homepage, we are unable to ship to you. For additional shipping information, please click here.
Please carefully review all pricing information before placing an order on the Site. The currency applicable to the prices displayed on the Site may change based on the geographic region selected on the homepage, and/or may not be the currency of your jurisdiction of residence. The applicable currency will be indicated by the currency symbol used on the version of the Site you are viewing. Prices may change without notice from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price in effect when such charges are incurred. When you purchase a product from the Site, you are responsible for any applicable taxes. You are also responsible for the shipping costs associated with the delivery of the product to you. You are responsible for any applicable customs and import duties. Unless indicated otherwise on the Site, the total amount due for a product offered on the Site, as listed on the payment page, will be inclusive of sales tax, customs and import duties, and shipping costs, as applicable. That being said, the amount appearing on the payment page may differ from the amount ultimately charged (as indicated in the shipping confirmation e-mail), due to adjustments in applicable sales tax, customs and import duties, shipping costs, or other necessary price adjustments, as applicable. You agree not to challenge the amount due for your order, as determined by Andrew Gallivan.
If you wish to purchase any product available through the Site, you will be asked to supply certain information relevant to your order including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY ORDER.
You further agree to provide current, complete, and accurate information for all orders placed on the Site. You agree to promptly update your account and other information, as applicable, so that we can complete your order and contact you as needed. By submitting any information in connection with an order, you grant to Andrew Gallivan the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of an order.
Andrew Gallivan’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to refuse service, terminate accounts, or cancel or modify orders in our sole discretion and shall have no liability to you other than refunding your order, if applicable. Without limiting the foregoing, we may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made. Where required by law, your transaction will be entered into on the date of email confirmation and in your jurisdiction of residence (as provided by you during your purchase).
Purchase of our merchandise for resale purposes is not authorized. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors, and to cease doing business with such customers, with no further notice. Further, it is your responsibility to ascertain and obey all applicable local, state, provincial, territorial, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any offer for any product or service made on the Site is void where prohibited.
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier. You agree that we shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control.
While visiting our Site, you may encounter links to websites operated by our business partners or other third parties. We are not responsible for the availability of these external websites, nor do we endorse or monitor these sites. We do not make any representations or warranties about any third-party website you may access through the Site. They are independent from us, and we have no control over, or responsibility for, their information or activities.
Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on such external websites. Before purchasing products and services from, or otherwise accessing and using, any external sites, we recommend that you review that third party's terms and conditions and privacy policy.
Privacy
The terms and conditions of our Privacy Policy and Cookie Policy govern the processing of personal data collected from you in connection with your use of the Site. You can review our Privacy Policy and our Cookie Policy. Please read these policies carefully, as they form an integral part of these Terms and, consequently, shall be deemed to be fully read and accepted by you when you access or use the Site.
Links to Our Site
Please contact us in advance if you are interested in linking to the home page of the Site or other publicly accessible pages on the Site. We may approve or decline such requests in our sole discretion. In any event, it is forbidden to post deep links (such as deep frames) to the Site or to use meta-tags without our consent.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE AND THE CONTENT ARE PROVIDED "AS IS." ANDREW GALLIVAN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE, THE CONTENT OR COMMUNICATIONS ON THE SITE, THE PRODUCTS OR SERVICES OFFERED ON THE SITE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW. ANDREW GALLIVAN DISCLAIMS ANY IMPLIED WARRANTIES THAT THE SITE AND ALL PRODUCTS, SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED OR SOLD THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANDREW GALLIVAN OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, ANDREW GALLIVAN DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL ANDREW GALLIVAN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, INCLUDING QUEBEC AND SASKATCHEWAN, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
NOT APPLICABLE IN QUEBEC AND WHERE PROHIBITED BY LAW: TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANDREW GALLIVAN WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, OR TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (I) USE OF OR INABILITY TO USE THE SITE, (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE, (V) USE OR MISUSE OF PRODUCTS OR SERVICES PURCHASED OR OTHERWISE OBTAINED VIA THE SITE, OR (V) ANY OTHER MATTER RELATING TO THE SITE.
IN ADDITION, WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF ANDREW GALLIVAN, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, ANDREW GALLIVAN ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend (at Andrew Gallivan’s option), indemnify, and hold Andrew Gallivan harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Site or any breach by you of these Terms. We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us if and as requested by in the defense and settlement of such matter. In any case, you agree not to settle any matter for which your indemnification is required absent our prior written consent.
Dispute Resolution & Agreement to Arbitrate
Not applicable in Quebec and where prohibited by law:
By using the Site, you and Andrew Gallivan agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
• Notice to ANDREW GALLIVAN: You must send notice (1) by electronic mail to friends@andrewgallivan.com and (2) by first-class or certified mail to Andrew Gallivan LLC, 2708 Sunset Pl, Nashville, TN 37212.
• Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.
Both you and Andrew Gallivan agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Andrew Gallivan agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding the foregoing, in lieu of arbitration either you or Andrew Gallivan may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.
Governing Law & Choice of Forum
Not applicable in Quebec and where prohibited by law:
The laws of the State of New York (without giving effect to its conflicts of law principles or those of any other jurisdictions) govern all matters arising out of or relating to your use of the Site and these Terms, including their validity, interpretation, construction, performance, and enforcement. Further, You and Andrew Gallivan acknowledge that these Terms evidence a transaction involving interstate commerce and that any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in New York, New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.
Miscellaneous
A Interpretation. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any other disclaimers or limitations of liability in these Terms.
B No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Andrew Gallivan does not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Andrew Gallivan’s rights, and all such rights or remedies shall still be available to Andrew Gallivan.
C Severability. If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
D Entire Agreement. These Terms set forth the entire understanding and agreement between us with respect to your use of the Site.
E Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
F No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Andrew Gallivan.
G Notice to California Residents. You may reach Andrew Gallivan at friends@andrewgallivan.com. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
